DAU “Comparison of Major Contract Types”

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Comparison of Major Contract Types
Firm-Fixed-Price
(FFP)
1
Fixed-Price Economic
Price Adjustment
(FPEPA)
Fixed-Price Incentive
Firm Target
(FPIF)
Fixed-Price AwardFee
(FPAF)
Fixed-Price
Prospective Price
Redetermination
(FP3R)
Cost-Plus-IncentiveFee (CPIF)
Cost-Plus-Award-Fee
(CPAF)
Cost-Plus-Fixed-Fee
(CPFF)
Cost or
Cost-Sharing
(C or CS)
Time & Materials
(T&M)
Principal Risk to
be Mitigated
None. Thus, the
contractor assumes all
cost risk.
Unstable market prices
for labor or material
over the life of the
contract.
Moderately uncertain
contract labor or
material requirements.
Risk that the user will
not be fully satisfied
because of judgmental
acceptance criteria.
Costs of performance
after the first year
because they cannot be
estimated with
confidence.
Highly uncertain and speculative labor hours, labor mix, and/or material requirements (and other things) necessary to perform the
contract. The Government assumes the risks inherent in the contract, benefiting if the actual cost is lower than the expected cost, or
losing if the work cannot be completed within the expected cost of performance.
Use When . . .
The requirement is
well-defined.
Contractors are
experienced in meeting
it.
Market conditions are
stable.
Financial risks are
otherwise insignificant.
The market prices at risk
are severable and
significant. The risk
stems from industrywide contingencies
beyond the contractor's
control. The dollars at
risk outweigh the
administrative burdens
of an FPEPA.
A ceiling price can be
established that covers
the most probable risks
inherent in the nature
of the work. The
proposed profit sharing
formula would
motivate the contractor
to control costs and to
meet other objectives.
Judgmental standards
can be fairly applied
by the fee determining
official. The potential
fee is large enough to
both:
Provide a meaningful
incentive. 1
Justify related
administrative burdens.
The Government needs
a firm commitment
from the contractor to
deliver the supplies or
services during
subsequent years. The
dollars at risk outweigh
the administrative
burdens of an FPRP.
An objective
relationship can be
established between
the fee and such
measures of
performance as actual
costs, delivery dates,
performance
benchmarks, and the
like.
Objective incentive
targets are not feasible
for critical aspects of
performance.
Judgmental standards
can be fairly applied.
Potential fee would
provide a meaningful
incentive.
Relating fee to
performance (e.g., to
actual costs) would be
unworkable or of
marginal utility.
The contractor expects
substantial
compensating benefits
for absorbing part of
the costs and/or
foregoing fee or the
vendor is a non-profit
entity.
No other type of contract
is suitable (e.g., because
costs are too low to justify
an audit of the contractor's
indirect expenses).
Elements
A firm-fixed-price for
each line item or one
or more groupings of
line items.
A fixed-price, ceiling
on upward adjustment,
and a formula for
adjusting the price up or
down based on:
Established prices.
Actual labor or material
costs.
Labor or material
indices.
Ceiling price
Target cost
Target profit
Delivery, quality, or
other performance
targets (optional)
Profit sharing formula
120 % ceiling and
50/50 share are points
of departure
Fixed-price.
Award amount
Award fee evaluation
criteria and procedures
for measuring
performance against
the criteria
Fixed-price for the
first period.
Proposed subsequent
periods (at least 12
months apart).
Timetable for pricing
the next period(s).
Target cost
A minimum,
maximum, and target
fee
A formula for
adjusting fee based on
actual costs and/or
performance
Performance targets
(optional)
Target cost
Base amount, if
applicable, and an
award amount
Award fee evaluation
criteria and procedures
for measuring
performance against
the criteria
Target cost
Fixed fee
Target cost
No fee
If CS, an agreement
on the Government's
share of the cost.
Ceiling price
A per-hour labor rate that
also covers overhead and
profit
Provisions for
reimbursing direct
material costs
Contractor is
Obliged to:
Provide an acceptable
deliverable at the time,
place and price
specified in the
contract.
Provide an acceptable
deliverable at the time
and place specified in
the contract at the
adjusted price.
Provide an acceptable
deliverable at the time
and place specified in
the contract at or
below the ceiling price.
Perform at the time,
place, and the price
fixed in the contract.
Provide acceptable
deliverables at the time
and place specified in
the contract at the price
established for each
period.
Make a good faith effort to meet the Government's needs within the estimated cost in the Contract, Part I
the Schedule, Section B Supplies or services and prices/costs.
Contractor
Incentive (other
than maximizing
goodwill) 1
Generally realizes an
additional dollar of
profit for every dollar
that costs are reduced.
Generally realizes an
additional dollar of
profit for every dollar
that costs are reduced.
Realizes profit on cost
by completing work
below the ceiling price.
May earn higher profit
by incurring costs
below the target cost or
by meeting objective
performance targets.
Generally realizes an
additional dollar of
profit for every dollar
that costs are reduced;
earns an additional fee
for satisfying the
performance standards.
For the period of
performance, realizes
an additional dollar of
profit for every dollar
that costs are reduced.
Realizes a higher fee
by completing the
work at a lower cost
and/or by meeting
other objective
performance targets.
Realizes a higher fee
by meeting judgmental
performance standards.
Realizes a higher rate
of return (i.e., fee
divided by total cost)
as total cost decreases.
If CS, shares in the
cost of providing a
deliverable of mutual
benefit.
Typical
Application
Commercial supplies
and services.
Long-term contracts for
commercial supplies
during a period of high
inflation.
Production of a major
system based on a
prototype.
Performance-based
contracts.
Long-term production
of spare parts for a
major system.
Research and
development of the
prototype for a major
system.
Large scale research
study.
Research study.
Joint research with
educational
institutions.
Principal
Limitations in
FAR/DFARS
Parts 16, 32, 35,
and 522
Generally NOT
appropriate for R&D.
Must be justified.
Must be justified. Must
be negotiated.
Contractor must have
an adequate accounting
system. Cost data must
support targets.
Must be negotiated.
MUST be negotiated.
Contractor must have
an adequate accounting
system that supports
the pricing periods.
Prompt
redeterminations.
The contractor must have an adequate accounting system. The Government must exercise surveillance
during performance to ensure use of efficient methods and cost controls. Must be negotiated. Must be
justified. Statutory and regulatory limits on the fees that may be negotiated. Must include the applicable
Limitation of Cost clause at FAR 52.232-20 through 23.
Variants
Firm-Fixed-Price
Level-of-Effort.
Successive Targets
(FPIS)
Goodwill is the value of the name, reputation, location, and intangible assets of the firm.
2
Retroactive
Redetermination
Completion or Term.
Comply with any USD(AT&L), DPAP or other memoranda that have not been incorporated into the DFARS or DoD Directives or Instructions.
Make a good faith effort
to meet the Government's
needs within the ceiling
price.
Emergency repairs to
heating plants and aircraft
engines.
D&F required (w/ HCA if
over 3 years). Government
MUST exercise
appropriate surveillance to
ensure efficient
performance. Document
any ceiling increases.
Labor Hour (LH)
DSMC JANUARY 2014
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